Ex parte Cordes

Court of Criminal Appeals of Texas
Ex parte Cordes, 159 Tex. Crim. 389 (Tex. Crim. App. 1954)
264 S.W.2d 438; 1954 Tex. Crim. App. LEXIS 2303
Woodley

Ex parte Cordes

Opinion of the Court

WOODLEY, Judge.

Relator is confined in the state penitentiary under sentence in Cause No. 57821 in the criminal district court of Harris County. He has served the ten years’ sentence unless its beginning was delayed by reason of the provision for cumulation with a prior conviction.

The provision reads: “Defendant sentenced cumulative with sentence now serving, having been assessed in the district court of Houston County, Texas.”

Such a recital has been held to be insufficient to effect cumulation. Ex parte Johnson, 153 Tex. Cr. Rep. 114, 218 S.W. 2d 200.

In the absence of a definite provision for cumulation, re*390lator’s sentences ran concurrently and have been served. Ex parte Muse, 155 Tex. Cr. Rep. 186, 233 S.W. 2d 125.

Relator is therefore ordered discharged from the penitentiary.

Reference

Full Case Name
Ex Parte George Cordes
Cited By
4 cases
Status
Published